GENERAL TERMS AND CONDITIONS (GTC) OF DIGISELL GmbH
- Contracting party and scope of application
1.1 On the basis of the following General Terms and Conditions (GTC's), contracts are concluded between the customers and Digisell GmbH, Uhlandstraße 165/166, 10719 Berlin hereinafter also referred to as Digisell or Provider. The GTC's apply to contracts for the services of the provider, which are provided under Digisell.com.
1.2 Deviating, conflicting or supplementary general terms and conditions of the Customer shall not become part of the contract.
1.3 All information you provide in the ordering process must be current and truthful. You may not pass on your password to third parties, you must keep it safe and inaccessible to unauthorized persons and notify us immediately in text form of any loss or disclosure. You are liable for misuse, e.g. for any unauthorized orders placed by third parties using your password and the resulting claims, in accordance with the statutory provisions.
1.4 We reserve the right to change these GTC with effect for the future according to the following procedure: To this end, we will notify you in advance of the intended changes and inform you of your right to object. The changes shall be deemed to be accepted if you do not object within 30 days after notification of the change. If you object to the change, we reserve the right of ordinary termination in the case of offer types with an indefinite term or number of deliveries.
- Services provided by Digisell
Digisell offers digital options and/ or services (apps) to customers. Certain options are available to the customer free of charge. Digisell services that do not require payment are currently referred to as "free services". Other options require payment before you can access them. ("Paid Subscriptions").
- Non-binding information
All information about our digital options and/or services as well as prices prior to the conclusion of a contract are subject to change and are non-binding.
- Payment, Term and Termination
You may purchase a paid subscription directly from Digisell by paying a monthly subscription fee in advance or in any other period.
4.2 Term and Termination
In principle, the purchase agreements concluded with us are deemed to be concluded for an indefinite period of time ("Paid Subscriptions"). If you have selected a paid subscription, the term is determined by the selected subscription. The subscription will be renewed at the end of the respective subscription period, unless you cancel your paid subscription before the end of the respective current subscription period. The cancellation will take effect on the day following the last day of the current subscription period.
- Right of cancellation
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of cancellation, you must send us (Digisell GmbH, Uhlandstraße 165/166, 10719 Berlin, e-mail: [email protected] by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website. If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of such revocation.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the revocation period.
Consequences of the cancellation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
End of the cancellation policy
The statutory warranty shall apply.
- Limitation of liability
Digisell is liable to the user only for damages caused intentionally or by gross negligence. This does not apply insofar as essential obligations of the contract are violated by Digisell. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and is reasonably entitled to rely.
In the case of slight negligence, liability of Digisell is excluded for damages which are not due to a breach of essential contractual obligations, with regard to indirect damages, in particular consequential harm caused by a defect, unforeseeable damages or atypical damages as well as loss of profit.
If Digisell negligently breaches an essential contractual obligation, Digisell shall only be liable for the foreseeable damage typical for the contract.
Any statutory strict liability of Digisell - in particular any liability under the Product Liability Act as well as any statutory warranty liability - shall remain unaffected by the above limitations of liability. The same applies to the liability of Digisell in case of culpable injury to life, body or health.
The limitations also apply in favor of Digisell's legal representatives and vicarious agents if claims are lodged directly against them.
- Dispute resolution for consumers
The European Commission maintains a platform for online dispute resolution (OS) with further information, which is available on the Internet at the link http://ec.europa.consumsers/odr/. Participation in the said online dispute resolution is voluntary. Digisell GmbH does not participate in the aforementioned dispute resolution procedure.
- Jurisdiction and applicable law
The contractual relationship shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the user is a merchant, a legal entity under public law or a holder of special assets under public law in the sense of § 38 ZPO (German Code of Civil Procedure) or if the user moves his domicile, habitual residence or registered office abroad after conclusion of the contract or if this is not known, the exclusive place of jurisdiction is Berlin. The courts in Berlin shall also have jurisdiction if the User has no general place of jurisdiction in Germany.
- Severability clause
The invalidity of any provision of these GTC shall not affect the validity of the other provisions. In this case and in the event of a loophole, the parties shall agree on a legally valid replacement provision that comes as close as possible to the legally ineffective GTC.
Your Digisell GmbH
Status: April 2021